Wills and probate court

Brought to You byGeerdes & Associates

It’s a common misconception that a Will is read by a lawyer and then everything goes according to your wishes. In reality, when you pass away with a Will, your heirs have to hire a probate lawyer. The lawyer will go to probate court and file a petition asking for permission to execute the Will. If the court accepts it, then a public notice of your estate goes out. This allows all of your creditors and debtors to place a claim on your estate. It’s only after those parties are satisfied that the lawyer can

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execute your Will.

When you die without a Will or if your heirs can’t find your Will, the same process happens - except after the creditors and debtors are satisfied, your heirs must then fight over what’s left.

The most important takeaway is that so long as you only have a Will, then your heirs must go to court. The probate court is in charge of executing Wills, and a Will that doesn’t go through probate court doesn’t have legal authority. If you want to avoid court, we recommend speaking to an estate planning attorney about setting up a trust.